United States v. Gonzalez-Castillo, 562 F.3d 80 (1st Cir. Apr. 9, 2009) ("due process right to be sentenced upon information which is not false or materially incorrect" is violated where the defendant is sentenced based upon a "fact" that is not supported by the record, requiring reversal of the sentence); see United States v. Pellerito, 918 F.2d 999, 1002 (1st Cir.1990); see also Townsend v. Burke, 334 U.S. 736, 740-41, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948).
jurisdiction:
First Circuit